Results 3,681-3,700 of 7,506 for speaker:Holly Cairns

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: I move amendment No. 4: “In page 10, line 36, to delete “ordinarily”.” As an opening, I want to say that it is extraordinary that in this discussion that concerns the legacy of Church-run institutions for their control of pregnant women and their children, the Government is simultaneously handing over a €100 billion maternity hospital to a religiously...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: I appreciate that. However, to most people, if you stayed one night in a hotel or anywhere else, you would not in normal language consider that that person is ordinarily a resident there. Clarification on that would therefore be great. I thank the Minister for looking into that. If the term is to be included, perhaps a definition would be useful, so as to be clear that it does include...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: I thank the Minister.

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: I move amendment No. 5: In page 10, line 36, to delete “and” and substitute “or”. These amendments stress another restriction in the Bill. Currently, interventions are limited to situations where a person died while ordinarily resident in an institution and where the person was buried in a manifestly inappropriate manner. There are two criteria: the person...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: The amendments seek to delete "and" and substitute "or" so it would not have to be the two requirements. It could be one or the other. How is it restricting it? It would not be the case that one would have to have been ordinarily resident and there was a manifestly inappropriate burial. It could be one or the other. If one is not ordinarily a resident in the site but there is a potential...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: For many people this Bill is also about intervention where what the Bill might not see as manifestly inappropriate is still a suspicious or unlawful death. There might be a mass grave. It is not like the situation in Tuam with the septic tank. It is not just about manifestly inappropriate burials; it is about suspicious or unlawful death.

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: And ordinarily resident.

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: Is that even if it never spent one night in the institution?

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: The conversation about what is manifestly inappropriate arises under later amendments, so I will not get into it now. This amendment relates to the two criteria, and my argument is that it should be one or the other.

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: I move amendment No. 6: In page 10, between lines 36 and 37, to insert the following: “(ii) of persons whose death may have occurred in a violent or unnatural manner, or suddenly and from unknown causes, or”. These amendments respond to one of the most worrying aspect of the Bill as drafted. As the Minister mentioned on the previous amendment, the Bill is designed to...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: The Minister is saying that it will alter the scope of the Bill. I tabled these amendments because the scope of the Bill is to blatantly only intervene at Tuam. The entire nation thinks that there should be intervention where there are suspicious or unlawful deaths. Therefore, absolutely, we are trying to change the scope of the Bill because it is very narrowly framed. The Minister says...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: Pressed.

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: I move amendment No. 7: In page 10, line 37, to delete “manifestly”. These amendments are designed to remove “manifestly” as a restriction for interventions. We see it throughout, for example, in the term “manifestly inappropriate burials”. The criterion of “manifestly inappropriate” disregards sites that are potentially or...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: The Chair said that unless this set of amendments is pressed to a vote, I cannot move amendment No. 77. Is that correct?

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: No.

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: I move amendment No. 10: In page 14, line 6, to delete “may” and substitute “shall”. Although this amendment is very simple, it speaks to the foundational issues of the Government's approach to this legislation. It currently states that intervention "may" be established. That is the legislative language to mean "might". It is an option if there is the...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: When speaking about it, the Minister used words such as "ensure", but when it comes to the Bill he will put in "may" and not "shall". It is not reasonable to say that we cannot use that kind of language in the Bill. We often see that kind of language in a Bill regarding anything to do with the Cabinet. It is not unusual to have "shall" rather than "may" in legislation.

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: I will say a final word on this. We know that a coroner is obliged to act when somebody dies in State care or custody or when remains are found in their district. The Garda is obliged to act when there is a missing person. Nobody has ever acted on these sites. The fact that there now has to be discretion and that the Government might act just adds to how people will feel about the long...

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: It might act in some situations where there is manifestly inappropriate burial and someone was ordinarily a resident, but there are so many restrictions. It is a case of limitations on top of limitations, and nobody is obliged to act on anything.

Select Committee on Children and Youth Affairs: Institutional Burials Bill 2022: Committee Stage (3 May 2022)

Holly Cairns: It is being pressed.